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Default 13202 Overturned...Finally!

In his latest labor-friendly move, President Obama signed an executive
order this afternoon encouraging the use of union workers for big
federal construction projects.

The order instructs federal agencies to have construction contractors
make agreements that require contractors to negotiate with unions,
recognize union wages and benefits, and follow collective bargaining
agreements.

Obama's order restores a Clinton administration rule that was rescinded
by President George W. Bush, the Associated Press reports.

The full text of the order is below:

EXECUTIVE ORDER
- - - - - - -
USE OF PROJECT LABOR AGREEMENTS FOR
FEDERAL CONSTRUCTION PROJECTS
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to
promote the efficient administration and completion of Federal
construction projects, it is hereby ordered that:
Section 1. Policy. (a) Large-scale construction projects pose special
challenges to efficient and timely procurement by the Federal
Government. Construction employers typically do not have a permanent
workforce, which makes it difficult for them to predict labor costs when
bidding on contracts and to ensure a steady supply of labor on contracts
being performed. Challenges also arise due to the fact that construction
projects typically involve multiple employers at a single location. A
labor dispute involving one employer can delay the entire project. A
lack of coordination among various employers, or uncertainty about the
terms and conditions of employment of various groups of workers, can
create frictions and disputes in the absence of an agreed-upon
resolution mechanism. These problems threaten the efficient and timely
completion of construction projects undertaken by Federal contractors.
On larger projects, which are generally more complex and of longer
duration, these problems tend to be more pronounced.
(b) The use of a project labor agreement may prevent these problems from
developing by providing structure and stability to large-scale
construction projects, thereby promoting the efficient and expeditious
completion of Federal construction contracts. Accordingly, it is the
policy of the Federal Government to encourage executive agencies to
consider requiring the use of project labor agreements in connection
with large-scale construction projects in order to promote economy and
efficiency in Federal procurement.
Sec. 2. Definitions.
(a) The term "labor organization" as used in this order means a labor
organization as defined in 29 U.S.C. 152(5).
(b) The term "construction" as used in this order means construction,
rehabilitation, alteration, conversion, extension, repair, or
improvement of buildings, highways, or other real property.
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(OVER)
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(c) The term "large-scale construction project" as used in this order
means a construction project where the total cost to the Federal
Government is $25 million or more.
(d) The term "executive agency" as used in this order has the same
meaning as in 5 U.S.C. 105, but excludes the Government Accountability
Office.
(e) The term "project labor agreement" as used in this order means a
pre-hire collective bargaining agreement with one or more labor
organizations that establishes the terms and conditions of employment
for a specific construction project and is an agreement described in 29
U.S.C. 158(f).
Sec. 3. (a) In awarding any contract in connection with a large-scale
construction project, or obligating funds pursuant to such a contract,
executive agencies may, on a project-by-project basis, require the use
of a project labor agreement by a contractor where use of such an
agreement will (i) advance the Federal Government's interest in
achieving economy and efficiency in Federal procurement, producing
labor-management stability, and ensuring compliance with laws and
regulations governing safety and health, equal employment opportunity,
labor and employment standards, and other matters, and (ii) be
consistent with law.
(b) If an executive agency determines under subsection (a) that the use
of a project labor agreement will satisfy the criteria in clauses (i)
and (ii) of that subsection, the agency may, if appropriate, require
that every contractor or subcontractor on the project agree, for that
project, to negotiate or become a party to a project labor agreement
with one or more appropriate labor organizations.
Sec. 4. Any project labor agreement reached pursuant to this order shall:
(a) bind all contractors and subcontractors on the construction project
through the inclusion of appropriate specifications in all relevant
solicitation provisions and contract documents;
(b) allow all contractors and subcontractors to compete for contracts
and subcontracts without regard to whether they are otherwise parties to
collective bargaining agreements;
(c) contain guarantees against strikes, lockouts, and similar job
disruptions;
(d) set forth effective, prompt, and mutually binding procedures for
resolving labor disputes arising during the project labor agreement;
(e) provide other mechanisms for labor-management cooperation on matters
of mutual interest and concern, including productivity, quality of work,
safety, and health;
and
(f) fully conform to all statutes, regulations, and Executive Orders.
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3
Sec. 5. This order does not require an executive agency to use a project
labor agreement on any construction project, nor does it preclude the
use of a project labor agreement in circumstances not covered by this
order, including leasehold arrangements and projects receiving Federal
financial assistance. This order also does not require contractors or
subcontractors to enter into a project labor agreement with any
particular labor organization.
Sec. 6. Within 120 days of the date of this order, the Federal
Acquisition Regulatory Council (FAR Council), to the extent permitted by
law, shall take whatever action is required to amend the Federal
Acquisition Regulation to implement the provisions of this order.
Sec. 7. The Director of OMB, in consultation with the Secretary of Labor
and with other officials as appropriate, shall provide the President
within 180 days of this order, recommendations about whether broader use
of project labor agreements, with respect to both construction projects
undertaken under Federal contracts and construction projects receiving
Federal financial assistance, would help to promote the economical,
efficient, and timely completion of such projects.
Sec. 8. Revocation of Prior Orders, Rules, and Regulations. Executive
Order 13202 of February 17, 2001, and Executive Order 13208 of April 6,
2001, are revoked. The heads of executive agencies shall, to the extent
permitted by law, revoke expeditiously any orders, rules, or regulations
implementing Executive Orders 13202 and 13208.
Sec. 9. Severability. If any provision of this order, or the application
of such provision to any person or circumstance, is held to be invalid,
the remainder of this order and the application of the provisions of
such to any person or circumstance shall not be affected thereby.
Sec. 10. General. (a) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
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(OVER)
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Sec. 11. Effective Date. This order shall be effective immediately and
shall apply to all solicitations for contracts issued on or after the
effective date of the action taken by the FAR Council under section 6 of
this order.
BARACK OBAMA

- - -


Hope the Right-to-Work-for-Less crowd chokes.
 
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